Cruz v. Arizona
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-846 | Ariz. | Nov 1, 2022 | Feb 22, 2023 | 5-4 | Sotomayor | OT 2022 |
Holding: The Arizona Supreme Court"s holding below " that Lynch v. Arizona did not represent a "significant change in the law" for purposes of permitting John Montenegro Cruz to file a successive petition for state postconviction relief under Arizona Rule of Criminal Procedure 32.1(g) " is not an adequate state-law ground supporting that judgment.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Sotomayor on February 22, 2023. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.
SCOTUSblog Coverage
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| Date | Proceedings and Orders |
|---|---|
| 11/22/2021 | Petition for a writ of certiorari filed. (Response due January 6, 2022) |
| 12/16/2021 | Waiver of Arizona filed 12/16/21 removed from docket. (See Rule 15.1) |
| 12/20/2021 | Motion to extend the time to file a response from January 6, 2022 to February 7, 2022, submitted to The Clerk. |
| 12/21/2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2022. |
| 01/06/2022 | Amicus brief of LatinoJustice PRLDEF not accepted for filing. (January 07, 2022 - correct pdf to be re-efiled) |
| 01/06/2022 | Brief amicus curiae of LatinoJustice PRLDEF filed. |
| 01/06/2022 | Brief amici curiae of Habeas Scholars filed. |
| 02/04/2022 | Brief of respondent Arizona in opposition filed. |
| 02/22/2022 | Reply of petitioner John Montenegro Cruz filed. (Distributed) |
| 02/23/2022 | DISTRIBUTED for Conference of 3/18/2022. |
| 03/21/2022 | DISTRIBUTED for Conference of 3/25/2022. |
| 03/28/2022 | Petition GRANTED limited to the following question: Whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1(g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment. |
| 04/07/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/28/2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 13, 2022. The time to file respondent's brief on the merits is extended to and including August 12, 2022. |
| 06/06/2022 | Blanket Consent filed by Petitioner, John Montenegro Cruz |
| 06/13/2022 | Blanket Consent filed by Respondent, Arizona |
| 06/13/2022 | Brief of petitioner John Montenegro Cruz filed. |
| 06/13/2022 | Joint appendix filed. (Statement of costs filed) |
| 06/21/2022 | Amicus brief of Habeas Scholars not accepted for filing. (June 22, 2022) |
| 06/21/2022 | Brief amici curiae of Ohio Justice & Policy Center and Roderick & Solange MacArthur Justice Center filed. |
| 06/21/2022 | Brief amici curiae of Federal Courts Scholars filed. |
| 06/21/2022 | Brief amici curiae of LatinoJustice PRLDEF, et al. filed. |
| 06/21/2022 | Brief amici curiae of Arizona Capital Representation Project, et al. filed. |
| 06/21/2022 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 08/03/2022 | ARGUMENT SET FOR Tuesday, November 1, 2022. |
| 08/12/2022 | Brief of respondent Arizona filed. |
| 08/19/2022 | Brief amici curiae of Jonathan F. Mitchell, et al. filed. |
| 08/31/2022 | CIRCULATED |
| 09/12/2022 | Record requested from the Supreme Court of Arizona. |
| 09/12/2022 | Reply of petitioner John Montenegro Cruz filed. (Distributed) |
| 10/11/2022 | Record received from the Superior Court of the State of Arizona (Pima County) 1 Box. Part of the record has been electronically filed. |
| 11/01/2022 | Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Joseph A. Kanefield, Chief Deputy Attorney General, Phoenix, Ariz. |
| 12/07/2022 | Record received from the Supreme Court of Arizona (3 boxes and the electronic record). |
| 02/22/2023 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh, and Jackson, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined. |
| 03/27/2023 | Judgment and mandate issued. |
| 04/25/2023 | Record returned to the Supreme Court of Arizona (3 boxes and the electronic record). |
| 04/26/2023 | Record returned to the Superior Court of the State of Arizona (Pima County) 1 Box. |